JUDGMENT OF THE COURT
This is an appeal against the judgment of the High Court at Kisii (Makhandia J, as he then was) dated 4th June, 2012 dismissing the appellants' claim to a portion comprising approximately 8.3 hectares of parcel number Bungembe/Mabera/307 (“The suit land”) by adverse possession.
By an Originating Summons dated 14th August, 2003 the appellants with one Nchagwa Gibiti (now deceased) sought a declaration that they had acquired the suit land by adverse possession and a further relief that the court orders that the suit land be sub-divided and the said portion be registered in the names of the appellants. The last main relief claimed was for an injunction restraining the respondent from interfering with the appellants' enjoyment of the said portion. The original respondent died and was substituted with his son the respondent in this appeal.
The Originating Summons was supported by four affidavits sworn by the appellants and the said Nchagwa Gibiti, deceased. The contents …